Parking tag requirements

Started by RjS1 • 7 replies • 2492 views

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RjS1 (California)
Posts: 2

Posted:

Hi All,

I'm in a townhome corporation in San Diego, CA and just received a packet from the management company regarding parking tags (stickers) and guest passes. The packet is asking for personal information/documentation from vehicle owners, to validate whether or not a vehicle belongs to said owner. According to the instructions, a homeowner/tenant must present the following to the management company in order to receive parking tags:

a.) One form of identification providing evidence that you reside at a unit on our property. Acceptable identification includes a current driver's license, a recent utility bill, etc.
b.) Legal information regarding each vehicles identification, license plate number and ownership
c.) Tenants must bring their current lease or a letter from their landlord that states the start and end date of the lease.

Logically looking at this, I understand their reasoning for "bullet-proofing" the issuance of permanent parking tags, but morally, I have a fundamental (privacy) issue disseminating the sorts of information they're asking for. At this juncture -- since I've yet to show up at the management company's office to exchange personal data for tags -- I don't know if they need to make copies of the personal data for their records. The short of it is, I'm reticent to provide all the requested information and in no way would I let them make copies of the provided documentation. Is what they're doing/asking for, legal? Alternately, what would be the minimum documentation I'm required (by law) to provide, which would require them to release parking tags and guest parking passes to me? I don't believe the CC&Rs have a clause within them, that addresses the specifics of my question. Thanks in advance.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Per your statement: I don't believe the CC&Rs have a clause within them that addresses the specifics of my question.

The first thing most of us on this site are going to tell you is to please read your documents. Read them, and then read them again as necessary because this is important information for you to know regarding your home and association. Also, we do not know what your documents contain so without your knowledge how do we assist with certain questions?

What do you refer to by “addresses the specifics of my question”? Do your documents contain some language with regards to this issue?

Since you can understand their reasoning for “bullet proofing” issuance then:

a) Many individuals show their driver’s license for numerous reasons to many different parties. Also, most homeowner’s to utilize the local waste management areas (dumps) in cities must provide recent utility bills to utilize at no charge.
b) Most every time someone checks into a hotel they are asked for their vehicle information including license plate number.
c) Some HOA’s require a copy of leases from owner’s who are renting as part of their CCR’s or rules.

If all the above already ask for and receive this information then it apparently is not illegal to request.

MikeV (New Mexico)
Posts: 31

Posted:

RjS1,

Without getting into your CC&Rs and all that stuff, a simple phone call to your management company or a stop in the office would answer all of your questions and then you can go from there. Simply ask if they just need to view these things or if they are looking to make copies and then you can state your concerns if necessary.

If they're just wanting to view these things and confirm that all agrees, then you probably don't have an issue with that. If they want to make copies, then it's obviously more of a problem for you (and probably others too).

Just ask the question first and maybe you'll get the answer you are hoping for. Good luck.

DanielH1 (California)
Posts: 482

Posted:

I understand your concern. Many people have perfectly valid concerns about privacy and identity theft.

However, the HOA is not required to give you a parking pass by law. If you refuse to provide the info, it is perfectly legal for them to refuse to provide you a parking pass.

You do have the right to lobby the Board to make a special exception for you. You have the right to lobby them to change the rule for everybody. You have the right to lobby to vote out or recall the Board and elect a new Board who will change the rule. (You can lobby the management company for all these things, too, although they probably can't legally provide them. If they do, they aren't a good management company.) You can try to fake them out.

Sadly, "right to park" isn't one of our God given rights.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Photo copy your licensee, black out the text you don't want to give them. Photocopy it again. Give them this copy.

RjS1 (California)
Posts: 2

Posted:

Thank you all for taking the time to respond. I agree that the thing to do is to simply call them -- or show up in person -- and ask about their intentions. I don't have a problem showing them the required docs, but if they need copies, I can always decline...I'll just need to make sure I'm parked in the garage all the time. :-\

Thanks again!

JohnB26 (South Carolina)
Posts: 1,569

Posted:

a.) One form of identification providing evidence that you reside at a unit on our property. Acceptable identification includes a current driver's license, a recent utility bill, etc.
b.) Legal information regarding each vehicles identification, license plate number and ownership
c.) Tenants must bring their current lease or a letter from their landlord that states the start and end date of the lease.

a.) PUBLIC INFORMATION: see the REGISTRAR OF DEEDS

b.) PUBLIC INFORMATION: see the DEPARTMENT OF MOTOR VEHICLES

c.) The MANAGEMENT CO. (?should?)/would already have a copy of the LEASE

NiobieT (Georgia)
Posts: 3

Posted:

Our board is trying to make it so we have parking stickers. However there are a few problems with this per our CCR's.

First when you make a change after 7 years you have to MAIL people the change not stick with tape on the door a notice of change.

Second they are not allowing people to park on the pads UNLESS they own three or more cars then you can park there for 24 hours. This is in violation of the CCR's for the wording that says rules must be equal amongst all units. If a person with three or more cars can park but not the others that's not equal rights.

Third they want you to have stickers for your own garage and driveway. The CCR's clearly state common areas are where they can make changes not limited common areas. My driveway leads to the entrance of my home so in the CCR's it is listed as limited which also means if it needs repairs etc its MY responsibility not the HOA.

Fourth there is signage that says you can not park in the streets. There is no signage that says you must have a sticker to park on pads or you will be towed.

Fifth they are saying if you do not get a parking sticker you will not be allowed a pool key. For reasons 1st- 4th they can not even legally do what they are doing they definitely cant tie the two together.

In the end its all about what the CCR's say. Read it over and over until you completely understand it all. Then you will need to work on knowing state laws. After that it will put you in better understanding of what the legal parameters are.

Sad part is even though the BOD knows all of the things I listed above they don't care. I would have to take them to court out of my pocket and I will if they dare to fine me for being within my rights.

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